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PAVEL CABAN

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are overly burdensome and complex”.

Thus, having also regard to the nature of

crimes covered by the Proposed Convention (in comparison to the “regular” human

rights abuses), a possible future institutional mechanism concerning crimes against

humanity could be also inspired by, and assimilated to, the mechanism which should

become operative within the framework of international humanitarian law (Geneva

Conventions and their Additional Protocols): it can be recalled that the International

Committee of the Red Cross and the Swiss government are currently undertaking a

consultation process on how to improve compliance with international humanitarian

law through the establishment of more effective international mechanisms (for the

time being, according to most states participating in these consultations, such a

mechanism should consist of a regular meeting of States holding topical discussions

on current challenges and on possible measures to address them, and a procedure of

national reporting on compliance with international humanitarian law); a concluding

report of this consultation process will be submitted for further consideration to the

32nd International Conference of the Red Gross and Red Crescent, scheduled to be

held in December 2015.

Conclusion

It is apparent that the gaps in international cooperation in the prosecution of

crimes under international law have become a topical issue in the non-governmental

and the governmental sphere alike. The attitudes on how to close these gaps differ:

some initiatives (International Law Commission, Proposed Convention) focus on

crimes against humanity only (where the lack of a relevant treaty regime is the most

palpable), while the joint governmental initiative aims at covering these gaps with regard

to the crimes againt humanity, the crime of genocide and war crimes in international

as well as non-international conflicts, and emphasises the issues of practical inter-state

cooperation rather than the definitional and conceptual issues. These initatives can very

well exist and evolve simultaneously, each building upon its own starting points and

following its own goals. According to the authors of the joint governmental initiative,

the ongoing study by the Commission on the topic “Crimes against humanity”

focuses only on the crimes against humanity and “may deal not only with mutual

legal assistance but also with the definition of the crime and other rules and concepts

(role of victims, reparation, etc.)” (in this regard, it can draw quite a lot of inspiration

from the Proposed Convention), whereas the joint initiative “seeks to rapidly set up

a new and operational framework for an efficient interstate cooperation regarding

all three categories of crimes under international law”; thus, the joint initiative is

Op. cit.

sub 45, p. 26.

For more information on this initiative see

development-ihl/strengthening-legal-protection-compliance.htm (visited on 6 June 2015).